Plea bargaining became common sometime after the Civil War. The proliferation of cases, in the federal courts, brought on by prohibition was instrumental in the institutionalization of plea bargaining. (Neubauer, 2002, p. 323) It was not until the sixties that plea bargaining became a topic of controversy. This controversy seems to stem from the fact that the name suggests that the courts are bargaining with criminals. But "much of what is characterized as 'plea bargaining ' often involves the assessment and reassessment of facts...." (Nasheri, 1998, p. 24) After examining all the facts the conclusion might be that there is just not …show more content…
So they then turn to plea bargaining as a way to deliver justice efficiently. (p. 61) The prosecutor 's office has the responsibility of trial preparation and also has to shoulder the costs that are associated with obtaining evidence and interviewing witnesses among other pretrial preparations. (p. 309) Therefore, the prosecutor will then select which case to take to trial and which to plead out. This is based on whether he thinks he has sufficient evidence to prove every element of the charge. Also, he might not have complete confidence in the witnesses ' testimony or there is a chance the victim might refuse to cooperate at the last minute. Prosecutors also use plea bargaining to reward a cooperating defendant. (Neubauer, 2002, p.